The Victorian Legal Services Board, when exercising subrogation rights under s 3.6.19(1) of the Legal Profession Act 2004 (Vic) after paying a claim from the Fidelity Fund, need not allege or prove dishonesty on the part of the solicitor. The right of subrogation is triggered by payment from the Fund, not by proof of a 'default' as defined in the Act. The Board need only prove the claimant's cause of action to the same standard as the claimant would have had to prove its case against the solicitor.
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